Maitland Reverses Vote On Building Height Law

MAITLAND — City council members won applause from residents while approving tough new building height restrictions, but reversed themselves hours later after all but one resident had left the meeting.

The reversal does not increase the height requirements Maitland developers have worked with for years, but resident Gerry Ballard said the 12:23 a.m. vote violated the public's right to express opinions.

''I don't think this is fair at all,'' Ballard told council members as they debated a motion to rescind their earlier decision. ''I don't think it's right for you to vote on this after the people who were here earlier and talked about this are all gone.''

Council members wound up setting height requirements of 20 feet for a one-story building and 35 feet for two- and three-story buildings, but not until they rescinded an earlier vote that was made against the advice of their land-use attorney.

The council first addressed the height issue during a public hearing on an ordinance that would amend the city's zoning code. The ordinance was the first item on the 7:30 p.m. Monday meeting's agenda.

The proposed ordinance's aim was to allow developers and architects greater building height. Under the first proposal, one-story buildings would be limited to 25 feet; two stories to 40 feet and three stories to 55 feet.

Before Monday night's meeting, all buildings were limited to 35 feet in height, but there were no specifications for one-, two- and three-story buildings.

The ordinance was prepared by city staff members based on recommendations from Maitland's Planning and Zoning Commission.

Daniel M. Tarczynski, an architect hired by the city as a consultant, told council members the greater height would allow architects to be more creative. The higher limits would allow builders to construct more attractive pitched roof buildings rather than plain, flat-topped buildings, Tarczynski said.

Tarczynski told council members buildings had to be at least 14 feet per story to allow space for mechanical work such as ducts and air-conditioner units.

Residents who rose to speak against the ordinance were most concerned about the proposed two-story height of 40 feet because most of the undeveloped land near residential areas is zoned for two-story office buildings.

Six residents spoke in favor of limiting two-story buildings to 35 feet. Only one resident spoke in favor of the ordinance as it was written. In all, about 20 residents were present.

Sherri Darmoc, a Maitland resident, told council members she had checked with other cities and Winter Park, Longwood and Altamonte Springs all limit two-story buildings to 35 feet.

Despite residents' willingness to accept a two-story height restriction of 35 feet, council member Robert Breaux moved to accept the minimum standards as height requirements. Under Breaux's original motion, which was seconded by council member Darcy Bone, a one-story building would be limited to 25 feet, two stories to 30 feet and three stories to 35 feet.

Council member James Ciaravino moved to amend Breaux's motion to limit one-story buildings to 20 feet and the amendment was accepted by other council members.

Paul Gougelman, the city's attorney for development issues, warned the council that approving the stricter standards would create a hardship on some developers who are in the middle of designing buildings and advised them not to pass Breaux's motion without advertising the change.

''Passing these amendments substantially changes the ordinance as it was advertised,'' Gougelman said. ''I would not want to defend this change in court and I'd advise you to put this on the next meeting's agenda and discuss it then.''

Breaux said the height changes did not alter the intent of the ordinance and were allowable. ''The purpose of this ordinance is to set height limits, that's exactly what we're doing.''

Ciaravino said the changes were major and that as a procedural measure the council should wait before passing them. Mayor E.X. Blaschka sided with Ciaravino.

Bone sided with Breaux, who called for a vote.

The council voted 3 to 2 in favor of the restrictions, with council member William Donegan joining Breaux and Bone in favor and Blaschka and Ciaravino voting against.

''The motion passes, save us all,'' Blaschka said in announcing the results.

During discussion of another issue, developer Jay Folk blasted the council for limiting two stories to 30 feet. Folk, developer of the Versailles office complex in the city, was seeking to annex land next to the complex. Versailles features two-story buildings at a height of 35 feet.

''Now you're telling me I've got to either stay in the county and build at 35 feet or come into the city and change the design of the entire project,'' Folk said.

Most of the residents left before 10:30 p.m. and Ciaravino left about 11 p.m. About an hour later Maitland development director Ann Ford asked the council to reconsider its earlier action after conferring with Gougelman.